Barclaycard Claim Stayed. Application made but...

[Guest jamesroberts]

I have been persuing a claim for charges with Barclaycard.

 

I cca'd and S.A.R - (Subject Access Request)'d them a year or so ago which they chose to ignore. I did not have any paperwork regards my account and the only real details I had was from a default they had placed on my credit file.

 

I phoned the dca that was supposedly dealing with the account and explained to them they had committed a criminal offence, trading standards bla bla bla and they apologised and removed the default.

 

I managed to find the account number eventually then decided to send Barclaycard an estimate of bank charges at around 4k as they would not give me the info required thinking it would push them to send the documents.

Barclaycard sent one of their standard letters basically saying on your bike so I took the next step and issued court proceedings.

 

I had a notice from the court saying that due to the oft case next year my claim would be stayed whilst awaiting the outcome.

 

I was fuming as I know they should not be taking this action against a credit card account. I wrote to the court and explained hoe they had taken the wrong action and this was wrong- it should go for listing.

I had a letter back from the court saying that if I wanted the stay lifted I had to pay another £65 and make an application to the court.

 

I did just that, now I get a letter from the court saying :

The District Judges have asked me to draw to the attention of you and other applicants the decision of HHJ Hughes in Winchester County Court (7QT04849) and of HHJ Behrens in Leeds Mercantile Court (7LS40812) on 29th Auguts 2007 and which have concluded that such stays would normally continue.

The decision of HHJ Behrens was made in the high Court and is therefore binding on this court.

 

You are also cautioned that an order for costs might follow if an application was unsuccessful. If you do not wish to proceed with your application for the stay to be lifted you may wish to write to the defendant accordingly to avoid unnecessary attendance in court.

 

What the hell, I thought the oft case was purely linked to bank accounts and not credit cards? Barclaycard ignore requests for information, treat people with contempt and the court sides with them.

I have paid for a county court summons due to Barclaycards avoidance of the issues, the court sets it aside. I have to pay another fee which is gladly cashed and now the court says if I go ahead I will probably lose and have to pay costs??

 

Advice please.... Do I continue and how should I approach this?

[carolineiam]

Funny that no one has answered to your question for months now .... not even a mod ???

 

This re: stay of credit card happened to me ....great isn't it ?!! :(:(

[Guest jamesroberts]

Was a bit dissapointing but....

 

I persued it and won.

 

They have paid and it's all over- the court got it wrong but of course had trouble admitting it.. it was Barclaycard in the end who told the court the case should not have been stayed and that the test case had nothing to do with credit cards!